Appellate

  • November 05, 2026

    Mich. Court Revives Drowning Claims Over Park Revenue

    A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

  • November 05, 2026

    Fed. Circ. Backs Google PTAB Losses In VR Fight

    The Federal Circuit on Thursday upheld Patent Trial and Appeal Board rulings that Google LLC failed to show that some claims in a trio of virtual reality patents it was accused of infringing in California were invalid.

  • November 05, 2026

    Safety Risk Justified Officer's Gun Pat-Down, Fla. Panel Says

    A split Florida appeals court has found that police were justified in patting down a bicyclist they had stopped for not having a light on because they noticed a "bulge" under his shirt, affirming the man's conviction for unlawful possession of a firearm. 

  • November 05, 2026

    Mass. Voters Widen Records Law, Teeing Up New Legal Fights

    After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

  • November 05, 2026

    Former Pennsylvania Chief Justice Castille Dies At 82

    Ronald D. Castille, 82, former Pennsylvania Supreme Court chief justice and one-time Philadelphia district attorney, died Wednesday, according to an announcement from the court administration.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    IRS Asks 10th Circ. To Uphold Taxes, Penalties On Ranchers

    The U.S. Tax Court properly ruled that an Oklahoma couple owe roughly $260,000 in taxes and penalties because their ranch wasn't operated for profit as they had asserted, the IRS told the Tenth Circuit, saying they lacked a profit motive to claim deductions for their expenses.

  • November 05, 2026

    Pa. AG Held Immune In Row Over Ex-Agent's Separation Deal

    A former narcotics agent for the Pennsylvania Office of the Attorney General can't sue his ex-employer for breaking his separation agreement because breached employment contracts don't fall under the exceptions to the office's sovereign immunity, a state appellate panel regretfully concluded Thursday.

  • November 05, 2026

    Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

    The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

  • November 04, 2026

    5th Circ. Orders Fresh Look At Tequila Brands' TM Confusion

    A split Fifth Circuit on Wednesday revived a trademark dispute between Mexican brand "Clase Azul" and U.S. startup "Casa Azul," finding that because the Texas district court made some errors in its underlying findings, it needs to reassess the likelihood of confusion between the two companies' marks.

  • November 04, 2026

    Investors Say Internet Letter Should Support Ill. Fraud Claims

    A securities short seller that ditched fraud claims over a letter it allegedly posted online to manipulate a stock's value urged the Seventh Circuit on Wednesday to leave its dismissal win intact, saying reversal could invite a "slippery slope" of future plaintiffs satisfying venue requirements with even less sufficient claims.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    Justices Hear Texas Challenge Of 'Unavailable' Habeas Claim

    The Texas solicitor general urged the U.S. Supreme Court during oral arguments Wednesday to overturn a decision allowing a death row prisoner's successive habeas claim for intellectual disability under new diagnostic standards, saying the challenge did not qualify for a rare exception under the Antiterrorism and Effective Death Penalty Act of 1996.

  • November 04, 2026

    Nike Scores Quick OK For Appeal In Wash. Spam Class Action

    A Washington state judge greenlighted Nike Inc.'s bid for a quick appeal Tuesday in a case accusing the apparel giant of sending customers misleading advertising emails, clearing the way for appellate review of whether alleging violations of Washington's antispam statute automatically establishes economic injury under the state's consumer protection law.

  • November 04, 2026

    Westlaw AI Fight Warrants Full Court Review, 3rd Circ. Told

    Ross Intelligence urged the full Third Circuit to revisit a copyright decision concluding that it wasn't protected by fair use when it trained its artificial intelligence legal research platform on Thomson Reuters' Westlaw headnotes, arguing that "at every turn, the panel asked the wrong question."

  • November 04, 2026

    5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

    The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

  • November 04, 2026

    2nd Circ. Told To Not Expand Antitrust Patent Fraud Standing

    A pharmaceutical industry trade group has backed Bristol-Myers Squibb and its Celgene subsidiary in the Second Circuit, warning that health plans asking the appeals court to reinstate a proposed class action against the companies are seeking to expand who can bring antitrust cases alleging fraudulently obtained patents.

  • November 04, 2026

    Guo Daughter Says Ch. 11 Trustee Misreads Powers

    The daughter of Chinese exile Miles Guo said that the Chapter 11 trustee who controls her father's bankruptcy estate is conflating two separate sections of the Bankruptcy Code, and she again urged the U.S. Supreme Court to resolve an alleged circuit split and reverse orders that placed $23 million in yacht sale proceeds plus a $37 million escrow into her father's estate.

  • November 04, 2026

    NY Panel Tosses Challenge To Rollout Of NYC 2nd-Home Tax

    A New York state appeals court threw out a challenge lodged by homeowners to the rollout of New York City's tax on high-value second homes, saying they lacked standing to bring the suit.

  • November 04, 2026

    Wash. Justices Won't Hear Concrete Co.'s $649K Wage Appeal

    Washington's highest court declined to review a concrete company's challenge to a state agency's finding that it underpaid workers who used radar and X-ray imaging to scan concrete on a Seattle-area light rail bridge project, leaving the company on the hook for nearly $649,000 in unpaid wages and interest.

  • November 04, 2026

    Groups Ask 11th Circ. To Affirm Block Of Trump-IRS Deal

    A consumer advocacy organization and an ethics watchdog group urged the Eleventh Circuit on Wednesday to affirm a Florida federal judge's order finding President Donald Trump's $10 billion suit against the IRS and the resulting settlement deal lacked legitimate controversy, saying his suit threatens the judicial branch's integrity.

  • November 04, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    Altria has asked the Fourth Circuit to undo a district court decision allowing a patent case in the U.S. International Trade Commission brought against it by Juul to proceed, saying the Constitution dictates that private patent disputes belong in the courts.

  • November 04, 2026

    NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

    The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

  • November 04, 2026

    Insurers Must Face Roofer's Contract Claims, Split Panel Says

    A split North Carolina state appeals court on Wednesday revived 41 lawsuits brought by a commercial roofing contractor accusing insurers of wrongfully refusing to pay out storm damage repair claims that homeowners assigned under their policies, saying the company adequately pled valid assignments of rights.

Expert Analysis

  • Enviro Marketing Lessons From NY Greenwashing Ruling

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    A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

  • Justices' Intel Ruling Could Aid 401(k) Alternative Asset Push

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    Following the U.S. Supreme Court's recent oral arguments in Anderson v. Intel, a decision favoring Intel over a prudence claim against fiduciaries based on underperformance by comparing two funds that aren't meaningfully similar would undercut the most common litigation theory against including alternative investments in 401(k) plans, say attorneys at Simpson Thacher.

  • FCRA Ruling Previews Future Business Transaction Litigation

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    The Ninth Circuit's overturning of a class verdict against CenturyLink is a win for businesses facing Fair Credit Reporting Act willfulness claims, but the question of when a consumer initiates a transaction remains unanswered, say attorneys at Thompson Hine.

  • How Cos. Should Prepare For Democratic Oversight

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    Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

  • Opinion

    Justices Must Protect Enforcement In DOL Fine Power Case

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    In deciding whether the U.S. Department of Labor’s in-house court has the power to decide monetary penalties arising from H-2A violations, the U.S. Supreme Court must preserve a practical route to relief for workers and a constitutional forum for employers to contest liability, say Michelle Dromgold-Sermen, Jessica Vasquez-Luna and Julissa Barrera at George Mason University.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • Conflicting Rulings Cloud NCAA Eligibility Rule

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    The NCAA's adoption of the five-to-five eligibility rule has resulted in a genuinely fractured landscape, with the qualification for members of the class of 2022 essentially dependent upon the location of the athlete and the institution rather than on the underlying facts of the case, says Andrew Hope at Buchanan Ingersoll.

  • A Lesson On How Courts Approach Impossible Patent Claims

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    The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • Full Policy Payment May Not Bar Insurer Bad Faith In 9th Circ.

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    Establishing that an insurer acted within its contractual rights likely disposes of a breach-of-contract claim, however, following the Ninth Circuit's recent ruling in Quilbillies v. First American Title Insurance, the same showing may not dispose of bad faith, says Tracy Garcia at Cozen O'Connor.

  • What Axing ERISA Exhaustion Rule Means For Plan Sponsors

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    The Eleventh Circuit’s recent reversal of a 40-year precedent requiring plaintiffs to exhaust administrative remedies before filing statutory Employee Retirement Income Security Act claims eliminates a common threshold defense in fiduciary breach suits, making it important for plan sponsors to reassess their internal review and litigation strategies, say attorneys at Nelson Mullins.

  • Courts Signal Higher FCRA Bar For Identity Theft Claims

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    Recent rulings adopting a heightened, "objectively and readily verifiable" inaccuracy standard may give credit furnishers stronger defenses to identity theft-related Fair Credit Reporting Act claims in the Ninth Circuit, while requiring them to continue documenting thorough dispute investigations, says Brian Kiolbasa at Ballard Spahr.

  • The Patent Circuit: Minding Patents' Family Histories

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    The Federal Circuit's recent decision in Epic Tech v. Pen-Tech highlights the relevance of patent families in determining whether to maintain an ongoing patent infringement litigation, and the sanctions risk that may stem from failing to account for patent relatives, say attorneys at Knobbe Martens.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • Calif. High Court Ruling Eases Path To Excess Coverage Suits

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    Following a recent California Supreme Court ruling in Fox Paine v. Twin City Fire Insurance, policyholders will have an easier time sustaining suits against excess insurers, leading the latter to settle more frequently, buy back more policies, increase premiums and change policy language, says Charles Grosenick at Brown & Winters.

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